HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5437 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the revisionists as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with a prayer to allow the present revision and to quash the impugned judgment and order dated 31.05.2025 passed by the learned Principal Judge, Family Court, Deoria in matrimony case No. 405 of 2015, (Shabana Khatoon and another Vs. Seraj Akhtar) under Section 125 Cr.P.C. and in matrimony case No. 94 of 2024 (Saif Ali Ansari Vs. Seraj Akhtar), filed under Section 125 Cr.P.C. by common judgment and order dated 31.05.2025 and enhance the amount of maintenance allowance to the tune of Rs. 20,000/- (Rs. 10,000/- for wife and Rs. 5,000/- each to two children). It is submitted by learned counsel for the revisionists that in this case the opposite party no. 2 is husband of the revisionist No.1. He further submits that their marriage was performed in the year 2012 and out of wedlock two minor children revisionist no. 2 and revisionist no. 3 were born. Due to neglect on the part of opposite party no. 2/the husband, she is living apart from him with two minor children and she has no any source of income, therefore, she filed an application under Section 125 Cr.P.C. which was decided by the learned trial court by order dated 31.05.2025 fixing the amount of maintenance Rs. 3,000/- per month in favour of wife and Rs. 2,000/- per month in favour of each child, total Rs. 7,000/- per month. He further submits that opposite party no. 2 has sufficient source of income who works as mechanic and makes handsome income even though the learned trial court has fixed the amount of maintenance that is meager and insufficient for maintenance of wife and two minor children, therefore, request to increase the amount. Learned A.G.A. opposed the prayer as aforesaid. Versus Counsel for Revisionist(s) : Dheeraj Kumar Singh Counsel for Opposite Party(s) : G.A. Shabana Khatoon And 2 Others .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) On considering the facts and circumstances, submissions made by learned counsel for the revisionists as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 31.05.2025, it appears that due to neglect on the part of the opposite party no. 2/the husband wife is living apart from him with two minor children and she has no regular source of income to maintain herself and the minor children. On the other hand, as admitted by him during the course of examination before the learned trial court that he was working abroad and getting 1200 Riyal per month i.e. Rs. 28,000/- in Indian Rupees and now he is living in India and working as helper in the shop of Naushad for maintaining four wheeler. There is no any regular source of income. There is no any other material on record to show that he makes specific income in a month. In case, it is assumed that he works as labourer at the rate of Rs.400/- or Rs.500/- per day, therefore, he will be earning Rs. 15,000/- per month out of which maintenance Rs. 3,000/- per month in favour of wife and Rs. 2,000/- per month in favour of each children, total Rs. 7,000/- per month, that cannot be said to be disproportionate to the income of the opposite party no. 2/the husband. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court dated 31.05.2025 and does not require any interference by this Court. However, if circumstances change in future, the revisionists may have an option to move an application before the learned trial court under Section 127 Cr.P.C. for enhance in the amount of maintenance. Accordingly, this revision is disposed of finally. September 22, 2025 Suraj Srivastav CRLR No. 5437 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad